1.
How can I obtain the guidance notes
and application forms?
You can download the Highly Skilled
Migrant Programme: Guidance for
Applicants and the HSMP1 application
from the 'All forms' page.
Alternatively, you can request a
copy to be posted to you by calling
our Distribution Centre on 0870 521
0224.
2. How do I know what documents
to send with an application?
The HSMP: Guidance for Applicants
explains and defines the evidence we
require from you in order to qualify
for points towards the scheme.
3. What is the fee for
consideration of an application and
how do I pay?
The HSMP fee is £315. Payment can be
made by one of the 3 methods
indicated on the payment form:
- UK Postal Order
- Credit/Debit card or
- Cheque. Please make cheques
payable to 'Home Office, Work
Permits (UK)'.
You will be exempt from these
charges if you are a national of
Albania, Andorra, Armenia,
Azerbaijan, Bulgaria, Croatia, FYR
of Macedonia, Moldova, Romania or
Turkey.
Please note ? a consultation on a
new charging regime for immigration
and nationality fees was launched on
30 October 2006. The consultation
paper seeks a wide range of views to
inform the development of a new
charging strategy which will start
to underpin prices in UKVisas and
Immigration and Nationality
Directorate from April 2007 onwards.
4. Do you accept copies of
certificates or other evidence?
We will only accept the original
specified information. Where a
document is not in English the
original must be accompanied by a
fully certified translation by an
officially recognised translator. An
officially recognised translator is
defined as one that is recognised by
the local British High Commission or
Embassy.
5. Will my documents be returned
after consideration?
Decision letters and original
documents can only be returned to
the applicant's current address,
declared on the front of the
application form, or the address
stated on the representative's
declaration page, if supplied.
The HSMP case-working Team will
return your documents once the
application process is complete. If
you need your documents back before
this time, you will need to contact
the HSMP Team on telephone number
0114 207 6020
For applications made within the UK,
all documents will be dispatched
using Recorded Delivery. For
applications made from outside of
the UK, documents will be sent by
airmail
6. Can I arrange a courier to
collect my documents from Sheffield?
Yes. If you wish to arrange a
courier to collect your documents
please notify the HSMP team by fax
on 0114 207 6021 and they will
contact you to let you know when and
where your documents will be ready
for collection. Please be aware that
the HSMP team will not sign any
documents from the courier company
or pay for this service.
7. Can I send additional
documents after I have made the
initial application?
You should send in all the required
supporting evidence with your
application. Failure to do so is
likely to lead to the refusal of
your application. You may send in
additional documents provided they
reach the HSMP team before a
decision has been considered. Please
send any clearly identifiable
additional documents directly to the
HSMP Team in Sheffield.
By post:
HSMP Team
Home Office
PO Box 3468
Sheffield
S3 8WA
By courier:
WP (UK) HSMP Team
Home Office
Moorfoot
Sheffield
S1 4PQ
8. Do I need to send my passport in
with the HSMP application forms?
No, do NOT send your passport
for an HSMP decision.
9. Can I apply for this scheme by
e-mail?
This service is not currently
available for HSMP applications.
10. What is the provision for
Masters of Business of
Administration Graduates?
The 2004 Budget announced a new
provision for graduates of the top
50 business schools to work in the
UK for up to 12 months on completing
their MBA. This provision forms part
of the HSMP and aims to attract
highly qualified and talented
managers to the UK.
If you graduate from one of the
eligible MBA programmes while that
programme is on the list of eligible
courses then you are eligible to
apply for the MBA Provision.
Successful applicants will be
awarded 75 points for their eligible
MBA.
11. Where do I send the completed
application form and how?
Initial applications should NOT
be sent directly to the HSMP team.
Application forms should be sent to
our payment-processing site at the
following address:
By Post:
Work Permits (HSMP)
P.O. Box 3975
Sheffield
S1 9BL
By Courier:
Work Permits (HSMP)
7th Floor
Fountain Precinct
Balm Green
Sheffield
S1 2JA
Applications for Further Leave to
Remain should be sent to the
following address:
By Post:
Work Permits (FLR)
P.O. Box 493
Durham
DH99 1WT
By Courier:
Work Permits (FLR)
Millburngate House
Durham
D99 1SA
12. Do you acknowledge receipt of
the application?
We will confirm receipt of your
application if you complete the
relevant section of the application
form. This acknowledgement will be
sent once the payment has cleared
and the application is received by
the HSMP team.
13. What are your processing
times?
Our service standard is that 50% of
new applications should be decided
within 5 weeks of receipt at our
payment handling service and 90%
within 14 weeks.
Your decision may be delayed if we
need to make further checks or seek
additional information. This action
may result in your application
taking over 14 weeks to decide.
More information on our service
delivery standards.
14. Can my application be
processed any faster than published
estimates?
It is possible to make a request for
your application to be processed
urgently but only in the following
circumstances:
- You have urgent travel
commitments;
- You require urgent medical
treatment;
- You have received an offer
of employment;
- You have other exceptional
circumstances.
You will be required to complete
an HSMP Urgent Treatment form which
can be faxed to the HSMP Team on
0114 207 6021. You can obtain a copy
of this form from the 'All Forms'
page.
15. How do I notify a change of
my address?
If you change your address please
send full details to the HSMP Team
in writing to:
E-mail:
HSMP.workpermits@ind.homeoffice.gsi.gov.uk
Fax: 0114 207 6021.
16. How long have I got, after a
successful application decision, to
enter the UK?
You must apply for Entry Clearance
at a British Embassy within your own
country and within 6 months from the
date of your approval letter.
17. How do I apply for an
extension to an existing HSMP
permission or one close to expiry?
Extension applications must be
submitted up to one month before
your Leave to Remain as a Highly
Skilled Migrant expires.
Please complete an FLR (HSMP) form,
enclosing the appropriate fee (£335)
and specified required documents
(see Annex C of the FLR(HSMP)
Guidance Notes). Your passport and
those of any dependants must be sent
together with the FLR (HSMP) form in
order to be endorsed.
18. I was initially granted 1
year on HSMP, for how long will this
be extended when I apply for an
extension?
The Immigration Rules allow an
extension of stay as a Highly
Skilled Migrant to be granted for a
period 'not exceeding three years'.
However, in light of the changes to
the Immigration Rules which came
into effect on 3 April 2006, which
increased the qualifying period for
settlement from four to five years,
you may be granted a four year
extension.
19. I have been working in the UK
for 4 years and my HSMP visa is
about to expire, can I apply for
Indefinite Leave to Remain?
No, the minimum requirement for
Indefinite Leave to Remain is now 5
years. You should apply for Further
Leave to Remain, which is normally
granted for 3 years. You can then
apply for Indefinite Leave to Remain
as soon as you reach the 5-year
qualifying period.
20. My application for HSMP was
unsuccessful, what can I do?
If you believe the decision on your
application is incorrect and you
wish the case to be reviewed without
submitting any new evidence, then
you may complete the Review Request
Form, from the 'All Forms' page.
You should clearly state where you
think the case should have been
scored differently (please include
your reference number) and post to:
Highly Skilled Migrant Programme (HSMP)
PO Box 3468
Sheffield
S3 8WA
Your case will then be passed to a
different case-worker who will mark
it independently. Only one review of
a decision can be requested. You
will not be charged for this.
However, if you wish to submit any
new, or additional, evidence to
support your application, or if you
wish to claim additional points, you
must submit a new HSMP application,
on a new form along with all the
original documentary evidence. As
this constitutes a new and separate
application, you will be charged the
standard fee for a fresh application
which is currently £315.
21. What if I meet the points
threshold to gain HSMP but don't
have the evidence to meet the
English language requirement?
In order to qualify for HSMP
approval you must achieve 75 points
in the Points Scoring Assessment and
also demonstrate that you meet the
English language requirement. If you
cannot meet both of these
requirements, your application will
be refused.
22. I was intending to enter the
UK under the GP Provision, is this
still possible?
The GP Provision was removed from
the HSMP on 08/11/06. Individuals
who would have previously been
granted HSMP approval under the GP
Provision may, however, still apply
for HSMP approval but must meet the
points threshold and the English
Language requirement in order to
qualify.
23. I have previously studied and
worked in the UK, can I claim five
points in the UK Experience category
for each of these?
You can only claim a total of five
points in this points scoring area
for either UK study or previous UK
employment but not both.
24. I have evidence other than
that stated which I wish to be
considered in place of those
documents, can I do this?
No. Only the specified evidence will
be accepted. In exceptional
circumstances we may be willing to
consider alternative documents, but
only those we have stipulated. Any
documentation which does not meet
out requirements will not be
considered and may lead to refusal
of the application.
25. What is a tax return?
Under the Required
Evidence section of the Previous
Earnings guidance, the term
‘Personal Tax Return’ is used.
A tax return is
- the official confirmation
from HMRC or the relevant
country’s tax authorities of
declared taxable income for the
period concerned (e.g. a P60 or
the overseas equivalent; or a
variation of this issued by the
relevant tax authorities.)
This term does not
refer to the tax return document
completed and returned by an
individual to the relevant tax
authorities. Nor does it refer to a
P45 (Details of Employee Leaving
Work).
26. Salaried earnings - I
have not got a tax return to cover
the full period – what can I do?
Your personal tax return
documentation must be submitted
wherever it is available. Where you
have not yet received this
documentation for the current tax
year, or if your documents only
cover part of the period claimed,
you must submit what tax information
you have. In addition, you must
complete the exceptional
consideration box AND
send us documentary evidence to
support your request for exceptional
consideration (this may be your most
up-to-date tax return but may also
include other documentary evidence
to support the reasons you have
given).
If you provide sufficient
information to support exceptional
consideration Work Permits (UK) will
then consider the alternative
documentation you have asked us to
look at (i.e. Bank statements
covering the period claimed for or a
letter from your employer stating
salary as claimed), and make a
decision based on these.
27. Independent
Contractors - I have not got a tax
return to cover the full period –
what can I do?
All four pieces
of specified evidence must be
provided.
However, one of the required
pieces of evidence is your income
tax return. If you have not yet
received this documentation for the
current tax year, or if your
documents only cover part of the
period claimed, please
provide your most recent tax return
or what tax information you have.
We will consider the tax
evidence you have provided,
alongside the other three pieces of
required evidence.
28. Self-Employed
Applicants - I have not got a tax
return to cover the full period –
what can I do?
You must supply both an income
tax return and personal bank
statements to cover the entire
period claimed. In addition, one of
the listed combinations of
additional documents must also be
supplied.
If you have not yet received your
tax return or if you do not have an
income tax return to cover the
entire period claimed,
please provide your most recent tax
return or what tax information you
have. We will consider the
tax evidence you have provided
alongside the other required
evidence.
Separately, under the listed
combinations of additional documents
for Self-Employed Applicants, the
requirement is for company/business
tax returns to be provided. These
need not cover the entire period for
which previous earnings are being
claimed, but should detail your
individual earnings for the period
they do cover.
29. What is an
independent contractor?
Under Previous Earnings on the
application form, evidence can be
submitted under three different
categories, Salaried Earnings;
Independent Contractor and
Self-Employed. It has been designed
this way to help you submit the
right evidence to support your claim
for previous earnings. The evidence
required is different for each
category and you must determine
which category to use. The type of
evidence you have available will
help you to determine which best
fits your circumstances.
We cannot advise on your
employment status but there are some
guidelines which you might find help
you.
If you operate as a business or
as a limited company you will fall
into the self-employed
category.
If you are an independent
contractor you may consider yourself
to be self-employed because you do
not have continuity of employment
with a single employer, but you may
only be able to provide some of the
required evidence from the
self-employed evidence list and some
from the employed salaried evidence
list. To help cater for this we have
created a specific category for
Independent Contractors
(e.g. some IT Consultants, Freelance
Journalists, Artists, Management
Consultants etc.)
You might find it helpful to
refer to the H.M. Revenue and
Customs (HMRC) definition of an
independent contractor to help you -
Information on employment status for
NIC can be found on the HM Revenue
and Customs website, at
http://www.hmrc.gov.uk under the
section on Intermediaries
Legislation IR35, found on the A-Z
list via the site map on the HMRC
website.
30. What are overseas
earnings?
When completing the Previous
Earnings section of the points
scoring assessment, you must declare
which of your earnings, during the
period in question, have been UK
earnings and which have been
overseas earnings.
UK earnings will be considered to
include any earnings that have been
paid either to you (in the form, for
example, of your salary), or to a UK
based company or business which is
capable of being taken into account
for the purposes of UK taxation
calculations.
Conversely, overseas earnings
will include payments made to a
business that remain overseas and
which are not therefore subject to
UK tax regulations. |